Lieutenant Governor Richard Ravitch

by: robert.harding

Tue Sep 22, 2009 at 11:32:13 AM EDT

From Liz:

The state's highest court has upheld Gov. David Paterson's appointment of former MTA Chairman Richard Ravitch to be his lieutenant governor - a surprise ruling that overturns several lower court decisions and provides the beleaguered governor a significant victory at time when he is under pressure not to run in 2010.

The vote was 4-3. The deciding opinion was written by Chief Judge Jonathan Lippman, who was appointed by former Gov. Eliot Spitzer Paterson and is a close ally of Assembly Speaker Sheldon Silver, who is a good friend of Ravitch's.

   "The issue on this appeal is whether the governor of the state of New York has the authority to fill a vacancy in the office of lieutenant-governor by appointment. We now hold that he does," Lippman wrote.

This is a huge win for Paterson and for New York. It is a huge rebuke of our state's constitution, however. Having the state's highest court say that Paterson does have the authority to appoint a replacement flies in the face of the constitution, which says that the vacancy of the lieutenant governor's post should be filled by the president of the Senate until the next election.  

No Lt Gov For You: Court Unanimously Rejects Ravitch Appointment

by: phillip anderson

Thu Aug 20, 2009 at 16:22:32 PM EDT

"The governor's purported appointment of Mr. Ravitch was unlawful because no provision of the Constitution or of any statue provides for the filling of the vacancy in the office of lieutenant governor other than by election, and only the temporary president of the Senate is authorized to perform the duties of that office during the period of the vacancy."

"We hold, therefore, that the Supreme Court properly granted the Senators' motion for a preliminary injunction."

Cue Dan Jacoby to come tell us exactly what this all means.

Lt. Gov., Round 3 to Paterson (sort of)

by: Dan Jacoby

Fri Jul 31, 2009 at 12:11:26 PM EDT

I haven't read the actual decision yet, so I won't comment beyond saying that this strikes me as truly weird.  Presiding over the Senate is the minor power, and being ready to step in as Governor should the need arise is the major power. While this is still being argued, if the court didn't want to grant Ravitch full power, wouldn't it make sense to let him do the small stuff but not the big stuff, and not the other way around?

More to come once I've read the actual decision. Meanwhile, this ruling is only in effect until August 18.

Round 1 -- it's unconstitutional

by: Dan Jacoby

Wed Jul 22, 2009 at 08:49:18 AM EDT

The text of the judge's decision is available here.

I'm not a lawyer, but since the judge agreed not only with my conclusion by also with my reasoning I find the decision to be clear and well-written; others may disagree.

"Clearly unconstitutional"

by: Dan Jacoby

Thu Jul 16, 2009 at 09:21:33 AM EDT

I've been saying this ever since I read the relevant portions of the state constitution, current state law, and the Ward v. Curran decision, under which proponents of this appointment claimed it was legal -- but which really had nothing to do with current law.  I'm glad to be joined by so eminent a legal mind in my opinion.

It's unconstitutional

by: Dan Jacoby

Thu Jul 09, 2009 at 11:35:35 AM EDT

In 1943, Lt. Gov. Thomas V. Wallace died, Joe Hanley became the Acting Lieutenant Governor.  An Albany judge ordered that a special election be held that November to fill the position.

The court in this case ruled that since Art. XIII Sec. 8 (now Sec. 3) of the state constitution only provides for a temporary gubernatorial appointment to last until the end of the "political year" (which means calendar year), and §42 of Public Officers law required a special election.  The fact that the Temporary President of the Senate was acting as lieutenant-governor was not sufficent for the court, since a senator is chosen by a district and the lieutenant-governor is a statewide office.

The court ordered the special election to go forward in 1943.

Times have changed, however.  Specifically, §42 of Public Officers law has been amended to exclude the governor and lieutenant-governor from the provisions of the special election.  In addition, a new §43 has been added, which seems to allow the governor to appoint a new lieutenant-governor.

The problem is that Governor Paterson's appointment, based on §43, violates the state constitution, specifically Art. XIII, Sec. 3, which only provides for a temporary appointment, in the year the vacancy occurred (i.e. 2008), and lasting only until the end of that year.

Never mind that the whole system is screwed up -- Governor Paterson has no constitutional authority to appoint a lieutenant-governor this year.  Period.

Bad politics

by: Dan Jacoby

Thu Jul 09, 2009 at 09:56:38 AM EDT

So why didn't Governor Paterson head off the press event, and co-opt the group to stand with him when he made his announcement?  From a purely political standpoint, that would have been the way to go.

In the first place, it would have taken everyone by surprise, and Paterson could have pushed forward while Cuomo, Skelos, Espada, et. al. were scrambling for a way to stop him.

Secondly, by sharing the stage with M of A Gianaris, Dick Dadey of Citizens Union, and Susan Lerner of Common Cause, and by letting all three of them speak, Paterson would have looked like a strong leader who brings people together and is not afraid to share credit, rather than a weak follower who merely reacts to others' press events.

In addition, Skelos and the gang of four would have little choice but to follow along, hoping that maybe they could find a judge who would strike down what the Senate accomplished in the meantime -- something they'd have a very difficult time with, because judges are loathe to reverse procedures undertaken by other branches of government.

Instead, we have a temporary restraining order that may have come too late (or maybe not), several lawsuits underway or pending, a complete breakdown of Senate negotiations that were reportedly making progress, and a governor whose latest move is questioned as much as any other move he's made.

Bad politics, Guv.

Paterson Appoints Ravitch As Lieutenant Governor

by: robert.harding

Wed Jul 08, 2009 at 18:09:30 PM EDT

From the Governor's press release:

Governor David A. Paterson today announced the appointment of Richard Ravitch to serve as Lieutenant Governor. The Governor announced the appointment in a televised statewide address during which he spoke about both the fiscal and government crises facing New Yorkers.

Mr. Ravitch has been called to public service numerous times throughout his career by Governors and Mayors at times of historic crises and he will now join Governor Paterson in his efforts to put New York on the road to recovery.

"Over the past year, I have worked to address the worst fiscal and economic crisis to hit New York in decades. Throughout that time, my number one priority as Governor has been to stabilize our State's economy and put New York on the road to recovery. Over the past month, our work to address the economic crisis has been undermined by a crisis of governance in the State Senate," said Governor Paterson.

"The confusion in the line of succession cannot and must not continue," added the Governor. "That is why today, I am acting on behalf of the people of New York and will use my legal authority as Governor to appoint Richard Ravitch to the position of Lieutenant Governor. Dick has dedicated much of his remarkable career to public service. Over the past several decades, he has been called to service on numerous occasions by governors and mayors during times of crisis and today, I too am turning to him to assist me in my continued efforts to stabilize New York's economy."

Mr. Ravitch began his career as an attorney for the Government Operations Committee of the House of Representatives in Washington, D.C., from 1959-1960. He then joined HRH Construction Corporation as a principal and was responsible for supervising the development, financing and construction of over 45,000 units of affordable housing in New York, Washington, DC, Puerto Rico and other locations. In 1975, Governor Hugh Carey appointed him to serve as Chairman of the New York State Urban Development Corporation, a financing and development agency with 30,000 dwelling units under construction.

I'm not sure how this helps, given the insanity in Albany lately. The legality of this move is something that the Governor's office isn't too worried about, at least on the surface. Yet, there have already been claims made that this is illegal, including one claim from Sen. Pedro Espada Jr. that this is illegal. If that isn't hypocrisy (or irony) I don't know what is.

If it is legal, Ravitch is a safe pick. He obviously wouldn't run in 2010 but he would serve the office well.

I will credit Governor Paterson's leadership here. He is taking a big risk here. He needs to take more of them. This could blow up in his face, but he is willing to go far to end this mayhem. That is good. At least someone is trying to end this stalemate.